1. Who we are
Hott Rayne Media, Inc. and its subsidiaries (“we”, “us”, “our”) respect your privacy and we are committed to protecting the personal data we process about you.
2. About this Policy
This privacy policy (“Policy”) explains our practices with respect to personal data we process and store in order to comply with federal and state laws where applicable, with the terms and conditions of our affiliate and distribution websites, and with the identification and privacy policies of our affiliate and distribution websites.
We process your personal data when you use our website located at www.HottRayne.com (“Website”) and for the provision of the services offered from time to time via our Website. We also process and store your personal data when you interact with us through our social media pages on third-party websites (e.g. Twitter and Instagram), and with our forms and compliance documents for performers. We refer to these activities collectively as the “Services” in this Policy.
We are a “data controller” of the personal data that we process in connection with the Services. This means that we decide the reasons why we process personal data about you and how we do so.
Please review this Policy to understand how we process your personal data in connection with the Services. By using our Services, you acknowledge that you have read and understand the information in this Policy.
3. What is personal data?
“Personal data” means information that identifies (such as government issued IDs), relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household.
In addition, we may collect data that is not capable of identifying you or is otherwise not associated or linked with you, such as deidentified, aggregated or anonymised information. This type of data is not personal data and our use of such data is not subject to this Policy.
4. Informing us of changes
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes or requires correction at any point.
5. Applicability of this Policy (18+)
Our Services are strictly intended for individuals 18 years of age or older. Anyone under 18 years of age is not permitted to use the Services. By using the Services, you represent that you are 18 years of age or older.
6. Third-party links
Our Website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share personal data about you.
We are not responsible for, and this Policy does not apply to, the content, security or privacy practices of those other websites, plug-ins or applications. We encourage you to view the privacy and cookie policies and notices of those third parties to find out how your personal data may be used.
7. If you do not wish to provide personal data
We need to collect certain personal data from you in order to provide you with access to the Services in accordance with our contract with you. We are also required to process certain personal data in accordance with applicable laws. Please note that if you do not wish to provide personal data where requested, we may not be able to provide you with access to the Services and in some instances may need to terminate our relationship with you.
8. Updates to this Policy
We may update this Policy from time to time, and any updates will be effective upon our posting of the revised Policy on our Website.
9. Categories of personal data
We process, or our third-party providers process on our behalf, different kinds of personal data about you, which we have grouped together as follows:
| Category of personal data | Description |
| User Data | • full legal name • alias, if applicable • residential address • country of residence • email address • telephone number • a copy of the government identity document that you provide to us • a “selfie” of you holding your government identity document • third-party social media handle / personal website address (used to further verify your age and identity and to help us better understand the content which you are likely to share on our Website) • signature on release forms if you feature in content filmed with or by us |
| Third-Party Onboarding Data | The following types of personal data are collected directly by our third-party providers during onboarding and in obtaining consent to perform: • a copy of the government identity document that you provide to our third-party providers • the results of the third-party age and identity verification process (pass / fail and reason for failing) • metadata associated with the third-party age and identity verification process (e.g. start and finish time) |
| Financial Data | • corporate or business entity if registered for tax purposes • social security number or other relevant tax information • W-9 form (for US Creators only) • 1099-MISC form • 1099-NEC form |
| Technical Data | Internet or other electronic network activity information, including: • internet protocol (IP) address (and associated location data) • Internet Service Provider (ISP) • device and type • name and version of browser |
10. Our onboarding processes
CREATORS
We have processes in place that are intended to ensure that all creators, co-creators, and collaborators: (i) are at least 18 years of age; and (ii) verify their identity. Before you can start engage in any collaboration or co-creation, we may:
- Ask you to provide Creator User Data, as set out at Section 9 (categories of personal data).
- Check your country of residence. This check is intended to ensure lawful access to the Website and the Services.
- Ask you to provide Financial Data, as set out at Section 9 (categories of personal data). This is necessary so that payments can be made for content, and to comply with local, federal and state tax laws. Financial Data may also be collected as a verification and anti-fraud measure.
- Ask you to go through a third-party age and identity verification process:
11. How / why your personal data is used
We process personal data for, or based on, one or more of the following legal bases:
- Consent: Your consent is requested only in specific circumstances.
- Performance of a contract: We will process personal data to perform that contract (e.g. to fulfill transactions between Fans and Creator) and to enforce the terms of that contract.
- Legitimate interests: We may process personal data if it is in our, or a third-party’s, legitimate interests (as detailed in the table below).
- Compliance with legal obligations.
- Task carried out in the public interest: We may process personal data as necessary for a task carried out in the public interest. This may include, for example, reporting illegal activity to relevant law enforcement authorities, other governmental agencies and non- governmental organisations.
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.
The table below indicates the purposes for which your personal data is processed and the legal justification for the processing. Some of the above grounds for processing will overlap and there may be several grounds which justify the processing:
| Purpose / activity | Lawful basis for processing |
| Creator age and identity verification and where applicable, subsequent authentication. | Consent |
| Government identity document validity check, and maintaining a record of the age and identity verification process. | Performance of a contract |
| Providing the Services, including the hosting of Creator content, the fulfilment of transactions between Fans and Creators and processing Creator earnings. | Performance of a contract |
| Communicating with you about the Services, responding to support requests or, sharing information about the Services. | Performance of a contract |
| Ensuring compliance with, and enforcing, our Terms and Conditions and other usage policies. | Performance of a contract |
| Reporting illegal activity to relevant law enforcement authorities, other governmental agencies and non-governmental organisations. | Legitimate interestsTask carried out in the public interest |
| Preservation and sharing of personal data in the context of legal proceedings (e.g. litigation). | Legitimate interests |
| Complying with applicable laws, rules and regulations. | Compliance with legal obligationsLegitimate interests |
| As necessary or appropriate to protect the rights and property of our users, us, and other third parties. | Legitimate interests |
| Data analysis and testing, system maintenance, reporting and hosting of data, to maintain, develop and improve the provision of the Services (e.g. safety, performance and functionality). | Consent (involving Usage Data, where this is personal data, collected via cookies)Legitimate interests |
| As necessary in the context of a possible sale, merger, acquisition, business reorganisation or group restructuring exercise. | Legitimate Interests |
| Processing of personal data in connection with sponsorships, and our relationship with service providers, professional advisers and other third parties for business purposes (e.g. business contact information and correspondence). | Performance of a contractLegitimate Interests |
12. Obtaining your personal data
We collect your personal data from the following categories of sources:
- Directly from you: When you provide it to us directly to use the Services, when you update your personal data in connection with the Services, or by corresponding with us (e.g. User Data, Account Data).
- Automatically or indirectly from you: For example, through and as a result of your use of the Services (e.g. Transaction Data, Technical Data, Usage Data).
- From our service providers: For example, where permitted by applicable law, we receive Third-Party Onboarding Data and certain Technical Data from any third-party age and identity verification providers.
13. Sharing your personal data
We share personal data with the following categories of third parties:
- Our third-party service providers: Such as our IT, payment processing, customer support, content and text moderation, and age and identity verification / age estimation service providers. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our legitimate interests (namely the receipt of services to support business functionality).
- Our professional advisers: Such as our legal advisors, bankers, auditors, accountants, consultants, and insurers. Our professional advisors will process personal data as necessary to provide their services to us. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our legitimate interests (namely the receipt of professional services).
- Corporate: Relevant third parties in the event of a possible sale, merger, acquisition, business reorganisation or group restructuring exercise. The lawful basis we rely on for sharing personal data with these recipients is that it is necessary for our and the relevant third parties’ legitimate interests (namely assessing and putting into effect potential transactions).
- Relevant authorities, regulators and organisations: In response to requests from governmental authorities (including law enforcement and tax authorities), regulators, and certain non-governmental organisations (such as the National Center for Missing & Exploited Children (NCMEC)). These recipients will use your personal data in the performance of their regulatory, law enforcement or otherwise charitable or not-for-profit role. The lawful basis we rely on for sharing personal data with these recipients is that the processing is either necessary to comply with a legal obligation to which we are subject, or necessary for our, or a third-party’s, legitimate interests, or where it is in the interests of the wider public to do so (namely reporting illegal content to, and assisting with requests from, such authorities, regulators and organisations, to protect the safety of our users and third parties).
15. Your rights regarding personal data
You have certain rights regarding the collection and processing of personal data. You may exercise these rights by contacting us using the contact details set out at Section 19 (assistance and contact information).
Under certain circumstances and subject to certain exemptions, you have the right to:
- Withdraw your consent to the processing of your personal data: Please note that withdrawing your consent will not affect the lawfulness of any processing carried out before you withdraw your consent.
- Request to know or access to your personal data: You may receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you: You may correct any incomplete or inaccurate personal data we hold about you.
- Request deletion / erasure of your personal data: You may ask us to delete or remove personal data where there is no legitimate reason for us continuing to process it. You also may ask us to delete or remove your personal data where you have exercised your right to object to processing (see below). Please note that we may not always be able to comply with your request of deletion / erasure for specific legal reasons.
- Request the restriction of processing of your personal data: You may ask us to suspend the processing of personal data about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request the transfer of some sections of your personal data to another party.
You also have the right to object to processing of your personal data where we are relying on a legitimate interest for the processing and there is something about your particular situation which makes you want to object to processing on this ground.
16. Exercising your rights
If you would like to exercise your rights set out at Section 15 (your rights regarding personal data), you may do so by contacting us using the contact details set out at Section 19 (assistance and contact information).
If you submit the request yourself, please ensure that your request contains sufficient information to allow us to confirm your identity and properly understand, evaluate, and respond to it.
In order to verify your identity, we may at times need to request additional personal data from you, taking into consideration our relationship with you and the sensitivity of your request. In certain circumstances, we may decline a privacy rights request, particularly where we are unable to verify your identity.
If your request is made by a third-party authorised by you, we will also require proof that the third-party has permission to submit the request on your behalf (such as a signed document evidencing that the third-party has authority to make the request).
17. Choices and control over your personal data
Email notification opt-out: We currently do not send emails for direct marketing purposes. However, we do send email notifications which are related to the Services. You may opt-out of receiving certain types of email communications from us by contacting us. You may also email us using the contact details set out at Section 19 (assistance and contact information). Please include “E-mail notification opt-out” in the email’s subject line and include your name and your account email address in the body of the email.
Please note that you cannot opt-out of certain automated email notifications that are necessary to provide the Services or are otherwise required in accordance with applicable law (e.g. account verification, transactional communications, changes / updates to features of the service, technical and security notices).
18. Retention of personal data
We will only retain your personal data for as long as reasonably necessary to fulfil the purposes for which it was collected, as set out in this Policy. Subject to the below, we retain personal data for a period of 6 months after the deletion or deactivation of your account on the Website.
Please note that:
- We will delete your personal data sooner where a shorter retention period is required by applicable law.
- We will retain your personal data for a longer period to the extent we deem necessary to carry out the processing activities set out in this Policy, for example:
- where it is necessary to comply with laws and regulatory obligations that are applicable to us (e.g. adhering to record keeping / maintenance requirements in certain locations and financial / tax reporting requirements, which in some cases is up to 7 years, and if we receive a valid legal request, such as a preservation order or search warrant, related to your account);
- for the purposes of identifying and reporting illegal activity, protecting the safety of our users and third parties, or otherwise protecting the rights and property of our users, us, and other third parties;
- for purposes of legal proceedings (e.g. to defend ourselves in litigation about a claim related to you); and
- for the purposes of responding to requests from third parties in relation to your account, such as requests received from, or investigations by, law enforcement authorities, relevant governmental authorities (e.g. tax authorities and regulatory authorities) and non-governmental organisations (e.g. NCMEC).
The personal data that we retain and the length of time for which it is retained will be determined on a case-by-case basis, depending on the particular circumstances.
19. Assistance and contact information
If you have questions about this Policy, or how we process your personal data, please submit a ticket through your account or email us at summer@hottrayne.com
CALIFORNIA SPECIFIC DISCLOSURES
The following disclosures only apply to residents of the State of California:
Personal data collection
California law requires that we provide disclosures to you about what personal data we collect by reference to the categories of personal data set forth within California law. To address this obligation, we have identified the relevant California personal data category for the personal data set out in more detail at Section 9 (categories of personal data):
- Identifiers: Such as your name, address, phone number, email address, passport or other government identity information including driver’s licence information, account information, or other similar identifiers.
- Customer Records: Such as your driver’s licence number, passport number, partial debit card information, partial credit card information, bank account information or other payment or financial information.
- Protected Classification Characteristics: Such as age, date of birth, and gender.
- Commercial Information: Such as information about products or services purchased and your use of our Services.
- Internet / Network Information: Such as device information, log, and analytics data.
- Sensory Information: Such as pictures and videos (content) you produce and provide to us.
- Professional / Employment Information: Such as the business or organisation you are associated with and, where applicable, your title with that business or organisation and information relating to your role with the business or organisation.
- Other Personal Data: Such as communication preferences, customer service and communication history, personal data an individual permits us to see when interacting with us through social media, personal data an individual provides us in relation to a question or request, and messages you send us through our Services or make available to us on social media.
- Inferences: Such as information generated from your use of our Services.
We may disclose all of these categories of personal data for a business purpose to service providers or other third parties, as outlined in this Policy.
Disclosure of personal data
As set out at Section 13 (sharing your personal data), we may disclose the categories of personal data identified above to the following categories of third parties for various business purposes: our group and affiliated companies, service providers, our professional advisers, business partners, other businesses as needed to provide our Services, and certain third parties where you have provided consent, where it is in connection with a corporate transaction, or where we are required by law or in connection with other legal process.
Sources of personal data
We collect personal data directly from you, from your browser or device when you interact with our Services, and from our business partners and affiliates, third parties you direct to share information with us, and other third-party providers. For more information, please see Section 12 (obtaining your personal data).
Purpose for collection
We collect personal data about you for the purposes set out at Section 11 (how / why we use your personal data and lawful bases for processing).
Notice of financial incentives
As discussed above, we currently do not use any cross-site tracking technologies and we do not sell personal data collected about you, or share personal data collected about you for cross-context behavioural advertising. We do not currently send emails for direct marketing purposes.
